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Ohio Questions & Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on

Q: Can I legally leave my 5 and 8yr old home alone for a short period? (OH)

For 1 1/2 hrs or less? Are there specific guidelines or codes for what is exeptable? They know safety rules and have a phone.

Denise Rini Esq answered on May 25, 2019

There is no official age that children can be left alone, though it is my experience, depending on the jurisdiction, where the police will have the authority to determine if it rises to the level of child endangering. You may wish to err on the side of caution and not leave an 8-year old with a... Read more »

1 Answer | Asked in Criminal Law for Ohio on

Q: Can you be charged with disorderly conduct for arguing with someone on your own property and there are no neighbors?

James S. Sweeney answered on May 23, 2019

I would honestly have to know more about the facts of the case, with that being said however, the disorderly conduct statute in Ohio is pretty broad, so it could certainly apply in your case, especially if law enforcement were present. If you have been charged with disorderly conduct I would... Read more »

1 Answer | Asked in Contracts and Construction Law for Ohio on

Q: Can a home builder be sued for breech of contract if they don’t follow plans, or finish per contract time frame?

All elements of house build were signed by all parties (builder/homeowner). There was a specific electrical plan for entire house that was signed off. We identified they were not following signed electrical plan. When confronted why they weren’t following they stated “we don’t follow those... Read more »

Bruce Martin Broyles answered on May 23, 2019

Yes. Unless the deviation from the signed electrical plan is relatively minor or the result of an extreme increase in the cost. You should be able to require the contractor to follow the signed electrical plan. Regarding the 2 1/2 month delay, you may be able to sue for breach of contract... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: I resigned a year lease in February because I had a roommate move in with me. The Lanlord then sold the property to

A new Company May 1st. I did not find out until May 9th when they stopped by to introduce themselves. They said that they don't accept Pit bull dogs on their properties. So they will give us until July 31st to vacate. But in my lease with the prior Lanlord I am allowed to have my dogs. What are my... Read more »

Bruce Martin Broyles answered on May 23, 2019

If the new owner purchased the real property with knowledge that it was leased, then the new owner takes subject to the lease that you signed in February. Of course, the new owner will most likely not renew your lease next February, but for now they can not force you to vacate.

1 Answer | Asked in Bankruptcy for Ohio on

Q: I was granted Chapter 7 in 2010. How do I get released from the mortgage if it keeps being transferred?

I am still paying insurance, water and sewer bills because the property is still in my name.

Timothy Denison answered on May 22, 2019

Depends on whether you are still living in the subject property.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Landlord remodeling after tenants leave early

If a tenant leaves a lease two months early (with two months notice) and the the landlord decides to perform extensive remodeling (not because of damages) for several weeks after they leave is it likely the landlord is making a reasonable effort to find new tenants when the house is not livable... Read more »

Joseph Jaap answered on May 22, 2019

Probably not. But it would be up to the court to decide, based on all the evidence properly presented to the court. If it doesn't go to court, then tenant and landlord would have to work it out.

2 Answers | Asked in Real Estate Law and Construction Law for Ohio on

Q: Can a builder lock me out of my 100% custom home which I own the land and hold the insurance policy?

Joseph Jaap answered on May 22, 2019

It depends on what your construction contract says about possession of the home. An owner of the real estate would normally be permitted to enter the home. Use the Find a Lawyer tab to retain a local attorney to review your contract and all the facts, and help you work out this dispute with the... Read more »

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2 Answers | Asked in Family Law for Ohio on

Q: Can I file for divorce in Ohio then move out of state once baby is born?

I am currently 32 weeks pregnant and want to divorce my husband. Neither of us have family or friend support where we live and I would like to move 5 hours away where I have family and friends out of state in Michigan. I am a high risk pregnancy and know I must remain near my doctors until baby is... Read more »

Joseph Jaap answered on May 22, 2019

If you file for divorce in Ohio, it will take a few months, and you will have to return to Ohio for divorce hearings. Use the Find a Lawyer tab to retain a local divorce attorney to review your situation and advise you.

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1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Please see in more info

You didn't answer my question. Does a landlord have to disclose presence of bed bugs or roaches? Of course, this circumstance is known by the landlord for years.

Joseph Jaap answered on May 21, 2019

Yes, landlord should disclose. But if landlord doesn't, you can't just walk away from the lease and stop paying the rent. You can either negotiate a termination with the landlord, or start paying your rent into escrow with the local court. Check the court web site for the escrow process to... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Ohio on

Q: Can you take someone to court for selling you a motorcycle with just a bill of sale and no title?

I sold a guy a motorcycle with just a bill of sale, title came in the mail days after the sale was made. He's threatening to take me to court because he has received the title I mailed him because he started to get hostile with me.

Bruce Alexander Minnick answered on May 21, 2019

Unless you surrender the title the prospective owner will probably sue you.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on

Q: My husband has sole custody and i have supervised visits which hes refusing for a year now...what can i do?

Were still married. The kids have been living w him for over a year between his moms and his gf...he wont let me talk to or see them. Visits are supposed to be agreed by Both of us and it hasnt happened in over a year. I pay child support. Please help. I miss my kids. And his new girlfriend doesn't... Read more »

Denise Rini Esq answered on May 21, 2019

If you are still married and there is a Court Order for supervised parenting, file a Motion to Show Cause in the Court. A Motion will notify the Court that you have been denied any contact with your child and the Father will have to appear and explain why. Most Courts have the forms on line,... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: What are the steps for obtaining shared parenting in the state of Ohio?

Joseph Jaap answered on May 21, 2019

Shared parenting is the preferred outcome in a divorce. When the parties file for divorce, they can submit a shared parenting plan for the court to review and approve. Check your local domestic relations court web site for the forms. Use the Find a Lawyer tab to retain a local family law... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on

Q: My husband has sole custody and i have supervised visits which hes refusing for a year now...what can i do?

Were still married. The kids have been living w him for over a year between his moms and his gf...he wont let me talk to or see them. Visits are supposed to be agreed by Both of us and it hasnt happened in over a year. I pay child support. Please help. I miss my kids. And his new girlfriend doesn't... Read more »

Joseph Jaap answered on May 21, 2019

Check your local court web site for the forms to file to ask the court to have him held in contempt. If you review the forms, you can fill those out and file them yourself. Some local courts have legal clinics with volunteers to help those who do not have an attorney.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Must a landlord disclose the presence of bed bugs or roaches before a tenant moves in?

Joseph Jaap answered on May 21, 2019

If landlord knows they are there, landlord should treat them before tenant moves in. But landlord might not know. Review the lease to see who is responsible for treatment. Give landlord written notice, and if not treated, check your local court for the rent escrow process.

2 Answers | Asked in Real Estate Law for Ohio on

Q: we had a sale pending 13 day before closing - buyer back out - home inspection done . we didn't get contingency due to

she was put 50% down in cash. We have move most of our stuff into storage units. Because she want immediate occupancy . After she back out , We ask for $500 to pay for the units. ( which she said would not pay ) She had our home tie up for 5 weeks and we had others wanting to look at your... Read more »

Joseph Jaap answered on May 20, 2019

If there was no contingency or other basis for her to back out, then she is in breach of the contract and you can sue her for the monetary damages that you have incurred. Use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise you of all your... Read more »

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1 Answer | Asked in Family Law for Ohio on

Q: what do I need to do to get guardianship of my adult daughter with mental issues

she had a mental break about 3 years ago and wont get help. she also has children

Joseph Jaap answered on May 20, 2019

Check your local probate court web site to learn about the guardianship process. You will need to submit a medical evaluation to support your petition for guardianship, and the court will hold a hearing at which your daughter can oppose the guardianship. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Civil Litigation for Ohio on

Q: 2 weeks ago I payed $1500.00 to get my brakes done. Saturday my brakes failed and I almost wrecked. Do I have a case?

Joseph Jaap answered on May 20, 2019

Anybody can sue by paying the court filing fee. But there are no monetary damages for an "almost wreck." If you can get another mechanic to testify that the work had been done improperly, you might be able to collect the $1500 in small claims court.

1 Answer | Asked in Trademark for Ohio on

Q: Can I claim a trademark that contains a word that is ALREADY trademarked? Doctor Tasty's Mega Bites vs "Megabites"

I own a food truck business called "Doctor Tasty's Mega Bites" and we are considering franchising.

When I did a mark search, I noticed Churches Chicken trademarked "Megabites" for a chicken nugget they released in late 2017.

Is it likely our mark would be rejected because it... Read more »

Ahaji Kirk Amos answered on May 17, 2019

It will definitely be rejected. A patent attorney could very likely overcome that rejection, however. Feel free to set up a consultation with me.

https://calendly.com/ahajiamospllc/15min

1 Answer | Asked in Real Estate Law for Ohio on

Q: 2 of us put an offer on same house. Seller now wants a bidding war while not rejecting either offer after 2 days.

We put in an offer on a house for sale on the same day someone else did. It's been 2 days and now the seller says we need to offer more money. Is it legal for them to turn this into what is essentially an auction where we can't see what the other person is offering or if they're even outbidding us... Read more »

Joseph Jaap answered on May 17, 2019

Yes, seller can do that when there are multiple competing offers. Seller is under no obligation to disclose what others have offered.

1 Answer | Asked in Probate for Ohio on

Q: Are the executors allowed to come in and change the locks of the house? There are established residents living there.

There are three established residents living there, my grandma just passed away two weeks ago. My aunt and uncle said they will be coming in and changing the locks at the end of the month. They have given no eviction notice. My dad and other uncle have lived in the house for almost 30 years or more.

Joseph Jaap answered on May 16, 2019

The executors cannot lock them out of the premises legally without following a proper eviction process. It would be a wrongful eviction for them to change the locks without an eviction. But the executors can take charge of the property, require occupants to sign a lease, charge rent and... Read more »

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